my DH has been charged with 'obtaing a money transfer by deception' will he get a custodial sentence? please help!

[sally370]

My husband lied about his income to get our mortgage & has pleaded guilty. Sentencing is in a few weeks & he has been told to expect 2 yrs in prison. He is 36 & has no previous convictions. Our house is on the market to try to repay the loan. We have 3 young children & I have mental health issues & don't know how we could possibly be without him for any period of time. Please can someone advice if he is likely to get a custodial or could it possibly be suspended. We are expecting the worst but need some hope too. Many thanks for any advice.

unless he is the mortgage broker too I am amazed he has even been prosecuted. Normally banks cover up frauds to avoid the negative press.

What has his solicitor said?

Oh god. So sorry for you. My dh is a police officer and reckons it should be suspended.

Who told you to expect 2 years custodial?

Hope it all turns out ok for you.

Is the court aware of your issues as it could have bearing on the sentence? Sorry you are going through this, hope it works out.

Sorry I seem to have repeated this message 3 times. Our barrister has told us to expect this sentence. He said that it is because of the amount £400.000.

Sorry I seem to have repeated this message 3 times. Our barrister has told us to expect this sentence. He said that it is because of the amount £400.000.

We have untold character references including a report from doctor & I have also written a letter myself for the judge. We have had 2 yrs of hell over this. It started when my DH was arrested for something else, completely random of which he was not guilty.while he was in custody 4 policemen raided my home with the kids asllep in bed. They found nothing. It was the worst hour of my life. They seemed determind to find something on him & eventually came up with the mortgage fraud.

We have untold character references including a report from doctor & I have also written a letter myself for the judge. We have had 2 yrs of hell over this. It started when my DH was arrested for something else, completely random of which he was not guilty.while he was in custody 4 policemen raided my home with the kids asllep in bed. They found nothing. It was the worst hour of my life. They seemed determind to find something on him & eventually came up with the mortgage fraud.

I've posted a link to the sentencing guidelines on one of your other threads.

TY

Sorry about my repetition, i was sending from my blackberry & my message got repeated a few times. I have managed to delete the others, but dont have the link you sent now. I have looked at sentencing guidelines & it does not look good, but our circumstances are not there as examples so hard to tell...
Many thanks for any input & advice

Sheesh.

You poor thing.
It was my understanding that everyone did this for a while.
Did the broker encourage it?

Do you know why the police were so keen to arrest him for something?

It is worth remembering that prisons are full to bursting so the judge would have to consider if there was a high / low likelihood of reoffending, or if the public was at risk.

I think he will get a severe telling off and a fine / community service.

I have no legal credentials however I am amazed at how serious a crime has to be for someone to actually go to jail for it in recent years due to the overcrowding / cost factor.

Try not to worry.

Yes our broker did encourage it, & did not make him aware that it was a serious crime to do what he did. Thats whats so frustrating. But we have been told that my DH in no way can say this in court or make excuses. He must purely show his remorse, for the best possible outcome. He was originally arrested in connection with a money laundering thing, of which he was in no way knowingly involved, has not benefited (in fact we were forced to go bankcrupt last year things were so bad)It is my belief that they are after a man that he did business with, but he did not know this man well, & has no idea where this man is now. They seem intent to ruin our lives & we dont know why. My huband is hardworking & the best daddy, its so sad & im so scared.

Well, as you'll have seen the sentencing guidelines suggest that a reasonably lengthy custodial is the starting point for such an offence. Its hard tobe more specific without knowing all the facts and I wouldn't recommend you post them on here. Things that could be in his (mitigants) would be an immediate confession on questioning, first offence, needed at home. Other relevant issues would include the degree of loss suffered by the bank (not sure how you've still got the house if you're both bankrupt if there is any equity), how much he exaggerated, whether he created docs to back them up etc. The only thing you can do is make you sure you have a good barrister who is well briefed on all the circumstances.

Agree the "no one told me it was a crime" has no legs as an argument and would only serve to annoy the judge.

...in his FAVOUR (mitigants)...

"They seem intent to ruin our lives" will not assist you either. You have to accept that what he did was wrong without excuses.

agree with scurryfunge. Anything that comes over as indignant will play badly. By all means bitch at home but in public and course remorse is the only emotion to be seen with.

Thank you, I do understand that, & of course it definately would not be said, it's just emotions getting in the way.

I just hope that the worst doesnt happen. It has devastated our lives completely already, & there is no way my DH would ever ever do it again, & would not have if he known,but I guess that's not good enough, so will have to keep everything crossed, & keep praying every day.Tx so for your comments.

By the way, it was my DH that went bankcrupt & i bought the beneficial interest, which was next to nothing. We both working our socks off to meets the payments at the moment, & trying to sell the house to pay back.